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CONSIDERATION OF A FINAL SITE DEVELOPMENT PLAN AND FINAL PLAT FOR COMMERCE PARKWAY ADDITION, SECTION 3, A PLANNED UNIT DEVELOPMENT, A REPLAT OF PART OF COMMON AREA A, DETENTION POND, AND ACCESS EASEMENT OF COMMERCE PARKWAY ADDITION, SECTION 2, A PLANNED UNIT DEVELOPMENT, ACCEPTANCE OF PUBLIC DEDICATIONS CONTAINED THEREIN, AND DEFERRAL OF PAVING AND SIDEWALK IMPROVEMENTS IN CONNECTION WITH 36TH AVENUE N.W. WITH RECEIPT OF $159,432.50 WITHIN TEN DAYS FOR THE DEFERRAL OF PAVING AND SIDEWALKS IN CONNECTION WITH 36TH AVENUE N.W., AND $10,501.95 FOR TRAFFIC IMPACT FEES. (GENERALLY LOCATED NORTH OF MARKET PLACE AND EAST OF 36TH AVENUE N.W.)
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BACKGROUND: This item is a final plat for Commerce Parkway Addition, Section 3, a Replat of Part of Common Area A, Detention Pond and Access Easement, Commerce Parkway Addition, Section 2, a Planned Unit Development. This flat which contains 15.47 acres is generally located north of Market Place and east of 36th Avenue N. W. The applicant is proposing to construct apartments and the parcel contains one (1) storm water detention pond/open space lot.
City Council, at its meeting of September 13, 2005, adopted Ordinance No. O-0506-3, placing the area that is currently used as a storm water detention pond into a Planned Unit Development. A portion of this area will be reshaped but will continue to be used for detention for Commerce Parkway Addition, Sections 1, 2 and 3.
City Council, at its meeting of September 27, 2011, adopted Ordinance No. O-1011-51 placing the buildable area of this property in Planned Unit Development (PUD) zoning classification, and approving the revised preliminary plat for Commerce Parkway Addition. Planning Commission, at its meeting of November 8, 2012, approved the final plat for Commerce Parkway Addition, Section 3, a Planned Unit Development, a Replat of Common Area A, Detention Pond Access Easement, Commerce Parkway Addition, Section 2, a Planned Unit Development.
If approved, it is anticipated that there will be 30 apartment buildings containing 256 units, a clubhouse, and parking lots on this property. Currently, the existing development to the south and southeast has been used for entertainment purposes, including Hey Day and Andy Alligator.
DISCUSSION: Approximately 868 feet of 36th Avenue N.W. will be required to be constructed to City standards as a half width major arterial street. Section 19-602 B 1.2 (a)(b)(c) and (d) of the City Code establishes a method of deferring public street improvements under the following situation: (a) where incompatible grades exist; (b) where there are inadequate or a lack of connecting facilities; (c) where construction of the improvement would not immediately function for its intended use; or (d) where such improvement would be replaced by a planned future project. When deferred construction is chosen, the developer is required to post a certificate of deposit with the City for the cost of the improvements. Staff has observed over the years that gap paving or "piecemeal" paving has been less than effective for arterial streets. There have been times over the years that paving improvements have been constructed and then replaced because they did not fit in the overall design of the street. Because of this short length of pavement, staff is recommending deferral until future development occurs. Ingress and egress will be from 36th Avenue N.W. A traffic impact fee for this parcel has been determined by staff to be in the amount of $10,501.95.
Additional public improvements consist of water mains and fire hydrants. The developer proposes to request concurrent construction by posting a surety to secure the cost of the water improvements.
RECOMMENDATION: The final plat is consistent with the approved preliminary plat. Based upon the above information, Staff recommends acceptance of the public dedications, approval of the final site development plan and final plat and filing of the final site development plan and final plat subject to receipt of $159,432.50 for the deferral of paving and sidewalks in connection with 36th Avenue N.W., receipt of $10,501.95 for traffic impact fees and completion of public improvements and the City Development Committee's acceptance of all required public improvements or bond and authorize the Mayor to sign the final plat and bond.